Transport Industry - General Carriers (State) Contract Determination 1984 [2013] NSWIRComm 30

Industrial Relations Commission New South Wales Medium Neutral Citation: Transport Industry - General Carriers (State) Contract Determination 1984 [2013] NSWIRComm 30 Hearing dates: 09/10/2012 Decision date: 19 April 2013 Before: Backman J Decision: (1) In IRC 803 of 2012, the application brought by the Transport Workers' Union of New South Wales to vary the Transport Industry - General Carriers (State) Contract Determination is dismissed. (2) In IRC 905 of 2012, the application brought by the NSW Business Chamber and the Australian Industry Group NSW Branch to vary the Transport Industry - General Carriers (State) Contract Determination is dismissed. Catchwords: CONTRACT DETERMINATION - application by Transport Workers' Union of New South Wales for a variation of the Transport Industry - General Carriers (State) Contract Determination - application seeks an increase in the labour component utilising the existing benchmark in the Contract Determination - increase of 4.25 per cent over 18 months annualised to 2.83 per cent sought utilising the Transport Industry (State) Award benchmark - TIS Award no longer applies to employee drivers - whether TIS Award continues to apply as a benchmark in the Contract Determination - relevance of substantial legislative reform occurring from 2006 and whether any impact of those reforms upon private sector employees - insufficient evidentiary material provided to the Commission to facilitate proper consideration of issues - orders

CONTRACT DETERMINATION - application by NSW Business Chamber and Australian Industry Group NSW Branch for a variation of the Transport Industry - General Carriers (State) Contract Determination - application seeks to replace the existing benchmark in the Contract Determination with a new benchmark, namely, the Road Transport and Distribution Award 2010 - whether the existing benchmark should be changed - whether the application to change the benchmark is more appropriately dealt with in a pending review of the Contract Determination - whether the existing benchmark continues to apply in the context of substantial legislative reform which has taken place since 2006 - insufficient evidentiary material provided to properly assess the issues, including the impact of legislative reform upon employee drivers in New South Wales covered by the Contract Determination - orders Legislation Cited: Industrial Relations Act 1996 Cases Cited: State Wage Case 2010 (2010) 201 IR 155 Taxi Industry (Contract Drivers) Contract Determination 1984 [2012] NSWIRComm 80 Category: Principal judgment Parties: IRC 803 of 2012 Transport Workers' Union of New South Wales (Applicant) Australian Business Industrial (First Respondent) Australian Federation of Employers and Industries (Second Respondent) Australian Industry Group New South Wales Branch (Third Respondent) Brambles Limited (Fourth Respondent) Courier and Taxi Truck Association (Fifth Respondent) TNT Australia Pty Limited (Sixth Respondent)